Page 1 of 5 123 ... LastLast
Results 1 to 20 of 82

Thread: Learn from me...

  1. #1

    Default Learn from me...

    This should just take a second, but hang in there.

    5 AAC 92.080 Unlawful methods of taking game; exceptions "The following methods of taking game are prohibited: 1. By shooting from, on, or across a highway.

    Title 5 Fish and Game
    Part 3 Game 3
    Chapter 92 Statewide provisions (22) "highway" means the driveable surface of a constructed road.

    F&G regs "You may not take game by: Shooting on, from, or across the driveable surface of any constructed road or highway.

    I've been hunting in Alaska for 20 years and what's interesting about this is that I was just definitively informed of a Wildlife Troopers perception of the definition of "driveable surface." The AAC mentions highway and then the definition of highway is explained. The "driveable surface" piece of the highway definition isn't further defined. My interpretation of the driveable surface has always been "where a car should be driving." if the car had 2 wheels on the gravel and 2 on the pavement I might think there's an impaired driver situation because the vehicle isn't where it's supposed to be. Kind of straddling the white line.

    So, the story is lengthy but my son and I found a moose, identified it as legal and had a round through it (my son, 15yrs old) in about 30 seconds from the gravel edge. I specifically ensured he took the extra step to get off the pavement since that was my understanding of the driveable surface, which isn't defined in the admin codes. Immediately we were movie stars. Cameras / film crews swarmed from several directions as sirens and flashing lights errupted from a nearby pullout. The moose was a very realistic full mount with a forked rack (body a bit bigger than it should have been for a spike and the spot, identify, shoot sequece was very fast and since I've seen moose freeze before, didn't think about the non-movement). I did only receive a written warning but the take home message is "get off the road enough to where there's absolutely no confusion about the varying interpretations of the "driveable surface" clause. The cams were there from discovery channel and their "follow the AK Troopers" series. I've denied their request to be on the show because I do everything I can to abide by all laws and this incident is questionable. If it was anything more than a warning I would fight it in court because the apparent "intent of the law" doesn't clearly define, in my opinion, what specifically is considered the drveable surface.

    I thought this was worthy of sharing. Good Huntin'!

  2. #2
    Member Frostbitten's Avatar
    Join Date
    Jun 2010
    Location
    Alaska - I wasn't born here, but I got here as soon as I could!
    Posts
    3,279

    Default

    Where did this take place?

  3. #3
    Member martentrapper's Avatar
    Join Date
    Apr 2006
    Location
    Fairbanks, Ak.
    Posts
    4,191

    Default

    Definately Thank You for the learning experience. Also thanks for the written regs. Glad you only got a warning.
    I can't help being a lazy, dumb, weekend warrior.......I have a JOB!
    I have less friends now!!

  4. #4

    Default

    Point MacKinzie, 9pm 8/28

  5. #5
    Forum Admin Brian M's Avatar
    Join Date
    Sep 2005
    Location
    Eagle River, AK
    Posts
    13,391

    Default

    Thank you very much for stepping up and sharing this experience. It takes some nerve to share something like this in order to help others stay within the law.

  6. #6
    Member Huntress's Avatar
    Join Date
    Jun 2006
    Location
    Somewhere between here and there.....
    Posts
    1,173

    Default

    Ya gotta watch them decoys! I know a certain someone about 9 years old who ended up buying a new spruce grouse decoy for the ADF&G......the way the kids tell the story is rather humorous. However....I'm sure their dad didn't find the fine all that funny......

    Good thing you didnt allow the DC to use the footage, you just know they'd make you look like a complete nimrod.....
    "In the interest of protecting my privacy I will no longer be accepting Private Messages generated from this site and if you email me, it better be good!"

  7. #7
    Member Floridascuba's Avatar
    Join Date
    Aug 2009
    Location
    Valdez
    Posts
    191

    Default

    they use deers in FL but they didn't expect to only catch someone doing illegal, they didn't expect it to be a Fish and Game warden in uniform drinking trying to shoot it with his side arm. Their decoys must be very realistic.

  8. #8
    Moderator hunt_ak's Avatar
    Join Date
    Mar 2007
    Location
    Wasilla--Cantwell Transplant
    Posts
    4,600

    Default

    Quote Originally Posted by Brian M View Post
    Thank you very much for stepping up and sharing this experience. It takes some nerve to share something like this in order to help others stay within the law.
    For sure! I'm betting this is like many regs where you would get different answers from different people, but like you said, get far enough off to remove any doubt...

  9. #9
    Member dkwarthog's Avatar
    Join Date
    Dec 2006
    Location
    Mat-Su
    Posts
    2,150

    Default

    ahhhhhh...florida, lol

  10. #10
    Member Bullelkklr's Avatar
    Join Date
    Apr 2006
    Location
    Anchorage Alaska
    Posts
    4,835

    Default

    I have seen them in Montana. Knew it was a deek....I so so bad wanted to put my bowie knife in my mouth and sneak up to it and jump on its back and slice it's throat.....but it was on Private ground so I stayed in the truck.

  11. #11

    Default

    Thank you for posting.
    For whatever reason I have assumed the animal and I had to off the "right of way" before shooting and I could not shoot across a "right of way".
    Again Thank you for posting.
    Joe (Ak)

  12. #12
    Member highestview's Avatar
    Join Date
    Nov 2007
    Location
    Haines
    Posts
    1,308

    Default

    I'm going to go throw a spear at it from the roadway. Dead serious. Where in point Mckenzie was this? PM me.
    Born in Alaska: The boundary lines have fallen for me in pleasant places; surely I have a delightful inheritance. Psalm 16:6

  13. #13
    Member jnalaska's Avatar
    Join Date
    Jul 2006
    Location
    Anchorage
    Posts
    283

    Default

    Thanks for sharing. At least you did not get raked over the coals as some would have tried. I think you would have won in court but who knows. The trooper in my opinion should not even have written a warning. I became familiar with the legal definition of highway from a no mud flaps ticket I received this spring. Lol. It is crazy how vague definitions can be in our laws and how the commonly known definition of a word can be totally different in the law books.Congrats on the harvest. By the way I appreciate just about all you troopers out there!

  14. #14
    Member AK Ray's Avatar
    Join Date
    May 2006
    Location
    South Central
    Posts
    2,541

    Default

    Quote Originally Posted by EBobo View Post
    The cams were there from discovery channel and their "follow the AK Troopers" series. I've denied their request to be on the show ....
    You will still be on the show, but your face will be blurred out. Ever watch "Cops" and see the bad guys with blurred faces? They didn't sign the release either but still made the show. Hopefully they also blur out your truck plates.

    Since the Troopers bust people for shooting from their driveways and on dirt roads I have always considered "driveable surface" to be any part of the road to include the shoulders and ditches. LEO's are not known for splitting hairs in the field so don't engage in something that gives them the chance to pull a bunch of hairs at once.

  15. #15
    Member AK Ray's Avatar
    Join Date
    May 2006
    Location
    South Central
    Posts
    2,541

    Default

    Quote Originally Posted by jnalaska View Post
    Congrats on the harvest.
    What harvest......his son shot a stuffed moose decoy on the side of the road.

  16. #16

    Default Nice!

    Quote Originally Posted by Bullelkklr View Post
    I have seen them in Montana. Knew it was a deek....I so so bad wanted to put my bowie knife in my mouth and sneak up to it and jump on its back and slice it's throat.....but it was on Private ground so I stayed in the truck.
    That's almost word for word what my Dad said! If he sees it he's going to do exactly that. He also mentioned mounting it in a non-trophy sense though

  17. #17
    Member 8x57 Mauser's Avatar
    Join Date
    May 2006
    Location
    Southeast Alaska
    Posts
    513

    Default

    Quote Originally Posted by wantj43 View Post
    ...I have assumed the animal and I had to off the "right of way" before shooting and I could not shoot across a "right of way"
    The right of way commonly extends 150 feet on either side of the centerline. Sometimes less, occasionally MUCH more (There are a couple of 1000-foot ROWs out there.) And it's never marked in a way that regular people can understand. (Surveyors, maybe...) The right of way isn't the test.

    But from Ebobo's post, it sounds as if they're interpreting "driveable surface" as though it meant the same thing as "constructed road." It doesn't. Still, to save a world of hassle, it sounds like a hunter better at least get to the ditch.

  18. #18
    Member jnalaska's Avatar
    Join Date
    Jul 2006
    Location
    Anchorage
    Posts
    283

    Default

    Quote Originally Posted by AK Ray View Post
    What harvest......his son shot a stuffed moose decoy on the side of the road.
    Its called humor man, guess I won't quite my day job and I should of put a LOL

  19. #19
    Member jnalaska's Avatar
    Join Date
    Jul 2006
    Location
    Anchorage
    Posts
    283

    Default

    I think you got the warning because you avoided the setup by having your son step off the road as I assume they were trying to catch someone shoot from or across the road. I think the trooper new there was no case so instead you got your warning. I did not really understand how far off the mighty moose was from the road by the write up???

  20. #20
    Member AKDoug's Avatar
    Join Date
    Apr 2006
    Location
    Talkeetna
    Posts
    5,714

    Default

    I totally agree jn and had typed the same thing as you. I also have a huge problem with our state employees wasting time with reality show types.
    Bunny Boots and Bearcats: Utility Sled Mayhem

Page 1 of 5 123 ... LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •